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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
S.Lakshmi @ Vijayalakshmi – Appellant
Versus
N.Rangasamy – Respondent
| Table of Content |
|---|
| 1. background of property lawsuit (Para 1 , 2) |
| 2. arguments on proof of the will and power of attorney (Para 4 , 5 , 6) |
| 3. court’s reasoning on validity of the will and power of attorney (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. dismissal of the appeal (Para 13) |
JUDGMENT :
The plaintiff in a suit for partition and declaration that has been dismissed by the Trial Court, is on appeal.
(a) Plaint in brief:-
(a)(i) Pending the suit, the defendants 1 and 2 have also executed sale deeds in favour of the defendants 6 to 9, who in turn, sold properties to defendants 10 to 28 through defendants 29 to 31, power agents and subsequent transferees have also been impleaded as defendants in the suit. The plaintiff has sought for additional reliefs of declaring the subsequent transactions pending the suit, as also not binding on the share of the plaintiff.
(b) (i) The relationship between the parties is admitted. The partition deed dated 22.06.1981 is also admitted. However, Nalla Gounder during his lifetime executed a Will on 16.06.1998, bequeathing his properties to his sons, defendants 1 and 2. The plaintiff was aware of the execution of the said Will and in fact, after the demise of Nalla Gou
Proof of an unregistered Will is sufficient if established by other means, while a power of attorney coupled with consideration survives the principal's death.
The burden of proof lies on the Plaintiff to establish the properties as joint family property and the purchase of specific items from joint family income. The Plaintiff is bound by the acts of the 1....
The court affirmed the validity of a power of attorney and subsequent sale of property, rejecting claims of ancestral rights that conflicted with established ownership documents.
(1) Partition of property – It is not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations.(2) Power of Attorney – Ordinarily, a Power of Attorney is to be con....
A suit challenging a sale deed executed prior to 20.12.2004 is barred by limitation and cannot be maintained under the Hindu Succession Act, 1956.
The main legal point established is the requirement to prove a Will as per the provisions of the Indian Succession Act and the Indian Evidence Act, and the distinction between a Settlement deed and a....
A power of attorney that is not coupled with interest ceases to be valid upon the death of the principal, and any sale deeds executed after the principal's death are invalid unless the validity of th....
A party is estopped from making claims contrary to prior admissions in legal notices, and a partition deed signed by the plaintiff is binding, rendering any claims of joint ownership barred by limita....
Suit for partition - Partial partition not permissible - Admission of parties - Will duly established and cannot be held to be forge or fabricated one.
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